If my husband and I own a house and in the process of a separating, since I’ll be staying in our home, what should I do to legally evict his niece who is renting a room?
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If my husband and I own a house and in the process of a separating, since I’ll be staying in our home, what should I do to legally evict his niece who is renting a room?
She has disrespected our marriage and the rules of the house.
Asked on January 15, 2016 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If she has a written lease for a definite period (e.g. a one year), you can't evict her until the period is up, unless in the meantime she fails to pay rent, breaches the lease's written rules or terms, damages your property etc., in which case she can be evicted for those actions. (If that is the case, you can write back to post a question about evicting her for her specific violation.) If she has been paying and complying however, you have to wait until the lease end, then do not review it and give her notice as below that her tenancy is up and she must leave.
If she has no written lease, just an oral (verbal) one, or she has a month-to-month written lease, you may give her 30 days written notice terminating her tenancy if she's been there less than a year; or 60 days if she's been there a year or more.
If she does not move out at the end of the notice period, you would file an eviction action in court; you can get instructions and forms from the court (the county, not municipal, court). Because family is involved, you may wish to retain a lawyer to help you: not only will the lawyer know how to do this, but having a lawyer as an intermediary can help make this more professional and less personal.
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